OCA at 364 'Prostitution' is not defined in Canadian statute law, but is based on case law which deems that three elements are necessary to establish that prostitution is taking place: (i) provision of sexual services, (ii) the indiscriminate nature of the act (soliciting rather than choosing clients), and (iii) the necessity for some form of payment.The court also granted the motion to stay the Ontario Court of Appeal decision until judgement is passed, meaning that the Criminal Code sections at stake were still in force in Ontario.Current laws prostitution in Canada, introduced in 2014, make it illegal to purchase sexual services but legal to sell them.

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This ambivalence can cause confusion We find ourselves in an anomalous, some would say bizarre, situation where almost everything related to prostitution has been regulated by the criminal law except the transaction itself.

The appellants' argument then, more precisely stated, is that in criminalizing so many activities surrounding the act itself, Parliament has made prostitution de facto illegal if not de jure illegal., per Dickson CJ at page 44 The legal situation has also been challenged in the rulings of two courts in Ontario in Bedford v.

Canada—the respondents/appellants are sex worker activists Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott—which described the laws as 'ancient' and emphasised that the purpose of the laws was not to eradicate prostitution but to mitigate harms emanating from it: "We are satisfied that the challenged provisions are not aimed at eradicating prostitution, but only some of the consequences associated with it, such as disruption of neighbourhoods and the exploitation of vulnerable women by pimps." OCA at 1 addition of the communicating provision to the existing bawdy-house and living on the avails provisions created an almost perfect storm of danger for prostitutes.

Prostitutes were first driven to the streets, and then denied the one defence, communication, that allowed them to evaluate prospective clients in real time.

The majority found, with a 5:2 split and both women dissenting, that the purpose of eliminating prostitution was a valid goal, and that the provision was rationally connected and proportional to that goal. In 2010, a decision of the Ontario Superior Court in Bedford v.

Canada held that the key provisions of the Criminal Code dealing with prostitution (Keeping a bawdy house; Living off the avails; Soliciting or Communicating for the purpose) were invalid, but a stay of effect was put in place.The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organisation (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002).The Conservative majority Government of Canada, however, was committed to a prohibitionist position, as was laid out in its new legislation introduced in 2014.The Supreme Court of Canada heard the case on June 13, 2013 but did not proceed due to a procedural motion by the Attorney General of Canada seeking dismissal on the grounds of lack of standing by the litigants.This was upheld by the BC Supreme Court in 2008, but successfully appealed in 2010.The ruling gave the Canadian parliament 12 months to rewrite the prostitution laws with a stay of effect so that the current laws remain in force.